Revolutionary War Pension and Bounty Land Warrant Application File S. 1513, Smith Ferrill, N.C.

SERVICE
NUMBER
Nb.
Ferrill Smith
S. 1513
Born in Pa-
CONTENTS
carded.

22.191
West Tennessee
Smith Perrill
of Overton Co in the State of Tennessee who was a private in the Comp y commanded by Captain Wilson of the Reg t commanded by Col Shelby on the M c Mil r for 2 yrs fr 1779
Enrolled on the Roll of W. Tennessee at the rate of 80 Dollars per Cents per annum to commence on the 4th day of March, 1831.
Certificates of Pension issued the 17 day of Oct. 1833 — and sent to W m Gou. Monroe
Arrears to the 4th of Sep 33 $200 — Sem ant. allowance ending Oct 34 40
$ 240 —
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Wm Allison Clerk Book 6 Vol. 7 Page 78
Death not on A. B

21092 by Smith Ferrill
Declaration

(1) State of Tennessee act  act ions of the court of pleas Quinton County and  and inquisitions of said County 1832
on this the 29 th day of October 1832 personally appeared in open court it being a court of Record before the worshipful Patrick Wood Dunfee Moore and John Mangold
Esqrs Justices of the peace in and for said County commissioned to hold the court of pleas and inquisitions for said County - Smith Fennell a resident citizen of the County of Quenton & State of Tennessee aged Seventy four years. Who being first duly sworn according to the laws of the land. Doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 9 th 1832
He entered the service of the United States as a private soldier under the following named officers and served as a private soldier
The States that as he now recollects in the Spring of 1778 or in 1779 He volunteered in Washington County then North Carolina now in the State of Tennessee for the term of four months. His Capt was by the name of Joseph Wilson his Company was commanded by Capt Gibson Capt Daugherty & Capt Grumble companies. They were then marched down Holston River in barres under the command of Col Isaac Shelby & Col Charles Robertson to the Chickamauga Tavern had a skirmish with the Indians & killed some and burnt the Tavern then they marched to the big creek Tavern and burnt it the Indians had fled before they got there. They continued to march and Rang through the country till the cost of

2 Served when he returned home and was discharged but got no discharge he was bound to hold myself in readiness when called upon to serve his country again. He states that he was called on and entered the Service again in the fall following his said disbandment. was placed under the command of Capt William Tremble who was attached to the command of Col Isaac Shelby & Col Charles Robertson - and marched under them the other side of Broad River in North Carolina. Stayed there some time - from there he marched under the command of Col Shelby about twenty or twenty five miles to a fort upon Hockett's - where Patrick Moore a Tory commanded. We took him and about one hundred Twenty  more of his men - we then returned to Broad River with the prisoners. Stayed there some time - continued to beat through the country for some time and returned home to Washington County - and was discharged for a short time having served two months under this engagement. He got no discharge - He entered the Service again in a short time after his disbandment. in the latter part of the same year in Washington County then North Carolina under Capt Nathaniel Davis - James Gibson was his Lieutenant. He was placed under the command of Col Sevier and Major Valentine Gibson - and marched to the Highways Town killed some Indians and burnt the Town then went home and was again discharged having served about two months this time got no discharge. He entered the Service again about the first of September or last of August 1780. in Capt Robert Lewis's Company, was commanded by Major

(3) Jonathan Tipton, Col Valentine Lewis, And marched from Washington town County Thin North Carolina, the place where he entered the service under this engagement to Kings Mountain. Was in that battle he thinks it was fought in September 1780 Marched from thence to Washington County N. Carolina. From thence to the head of Boyd Creek on Fork Road river where we had a battle, there were about Eighty five of us And about Four hundred Indians, we killed Twenty Seven Indians. The Officers in command were Genl Lewis, Majr Tipton, & Majr Walter besides the company officers, He was under Capt Trimble. He remained there until Genl Campbell came up with his Army We then marched to Chota Town burned the Town and took some prisoners, remained there some considerable time, scouting occasionally, He marched from thence to Washington leaving N Carolina where he lived arrived there some time in January 1781 1781, remained there until some time in July following, he marched from thence to the aid of Genl Green on Santee river in South Carolina, under Capt William Trimble. Jonathan Tipton was Majr, John Lewis Genl, Joined Genl Greens Army at Santee river

⑥ After he had been there some time, he heard of Lord Cornwallis, surrendered, remained some time afterwards, he marched from there home in Washington County he got no discharge from this tour where he arrived in the month of November 1781 - Having served this tour about fourteen months got no discharge for this tour. He again entered the service in Washington County in Sept. 1782 under Capt. Hardin, to the Lookout Mountain, his company was commanded by Maj. Tipton. Robert Coe was Col. He was in a battle there at with the Chickamauga Creek Indians. Capt. Hardin, Buller and Gibson were killed in that battle, killed some Indians. He returned from there home in  he was out about the last of December, he remained about three months this tour, he got no discharge this time. He has no documentary evidence of his services. That he can prove part of his services by Maj. Jonathan Tipton, and that he knows of no person whose testimony he can procure who can testify of the balance of his services. He hereby relinquishes every claim to a pension or annuity except the present. And declares that my name is not on the pension roll of the agency of any State.

There and in what year were you born? In York County (5) Pennsylvania in the year 1758.
Have you any record of your age? and if so where is it? I have not. Where were you living when called into Service? where have you have you lived since the revolutionary war? And where do you now live? I lived in Washin- -gton County then North Carolina, I lived there some time after the war. Then moved from thence to Green County in this State, mov- ed from thence to Cumberland County Ken- -tucky, from thence to Overton County Tenn- -essee where I now live.
How were you called into the Service? were you drafted? Did you volunteer? Or were you a Substitute? And if a Substitute for whom? I was a volunteer
State the name of some of the regular officers who were with the troops where you served Such Continental and Militia regiments as you can recollect, and the general circumstances of your service
For answer to this interrogatory I refer to the Statement in the foregoing part of this decla- -ration, and assign as a reason for not being able to be more explicit my advanced age, and the infirmity of my recollection.
State the names of persons to whom you are known in your present neighborhood and who can testify to your character for veracity and good behavior during Service as a soldier of the revolution

Benjamin Galt Esq - also at law, Majr Jonathan Tipton, Jacob Dillon Esqrs Atto at law, Col Hugh A. Smith - Esq - Joseph Griffin and Abraham Tucker James in open Court 29 th Smith & Kennell October 1832 marks William Goad clerk
I Johnathan Tipton do certify that I have been acquainted with Smith Kennell who has been Subscribed and sworn to the foregoing declaration and that said Kennell was in the battle of Kings mountain the battle of the Lookout mountain the battle fought on the head of Boyd's Creek in all of which battles this affiant commanded him as Majr and that he has no doubt that said Kennell served as he states in his declaration and that he knows of his serving the principal part of the time stated in said declaration and that he is reputed and believed in the neighbourhood where he now lives to have been a Soldier of the Revolution and that I concur in that opinion Sworn to and Subscribed in open Court 29 th October 1832
Johnathan Tipton
We Johnathan Tipton & Charles Harmon residing in the county of Sevier hereby certify that we are well acquainted with Smith Kennell who has been Subscribed and sworn to the above declaration that we believe him to be seventy seventy four years of age that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion Sworn to & Subscribed in open Court 29 th October 1832
Johnathan Tipton Charles Harmon
William Goad clerk

And the said Court hereby declare their opinion after the investigation of the matter and after ruling the Interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier and served as he states - And the Court further certify that Johnathan Lepton & Charles Harmon who have signed the preceding certificate are resedent citizens of the county of Overton and that They are creditable persons and that their statement is entitled to credit - and that there is no bludgeon wielding in the neighbourhood of the forgoing declar- ant
Patrick O'Callaghan Dempsey Moore Esq. John Mongold Esq.
I William Gove Clerk of the Court of pleas and Quarter sessions of the county of Overton in the State of Tennessee do hereby certify that the forgoing contains the original proceedings of said Court on the matter of the application of Smith Gervase for a pension In testimony whereof I have hereunto set my hand and seal of office the 25 th day of November 1832
William Gove Clerk

Smith Fennell: W. Tennessee. Overton Co.
from 1779 private 27 th #80.
Monroe Wm Gose, Clk. Overton Co., Tenn.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Smith Ferrill, of Tennessee.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol. in 1778 or '79. 4. Pt. Capt. Wils- son, Capt. Gibson, Capt. Daugherty, Capt. Thorne- ble. Col. Isaac Shelly, Col. Chas. Robertson. Washing- ton Coun- ty: Thence Chicamou- ga River. Wash- ington County N.C. Living witness and ha- ndwritten evidence.   Served 2. Pt. Capt. Wm Trumble. Col. Shel- by. Age 74 years.   " about 2. Do. Col. Da- vis, Col. Devier, Major Tipton; Kings- Mountain Boyd's Creek. N. Caroli- na.   Served in 1780. about 14. Pt. Col. Robt. Cowe. Choteau Town: thence to Wash- ington Co.   Served in '83, about 3. Do. Capt. Thos. Kin.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. A. Turner

Rev War
INVALID.
am
File No. 1563
Smith Merrill.
Mrs. N. T. Merrill.
Act: June 7, 1892.
Index: —Vol. a , Page 122
[Arrangement of 1870.]

Amended Declaration of Smith Purcell

State of Tennessee July  Sevens of the Court of Pike County place and  jurisdiction of said county 1833 personally appeared in open court being a court of Records before James Dennis  Alfred C. Robertson Enoch H. Hopper  and Joseph H. William Epps Justice of the peace in and for said county commission to hold said court Smith Farnell a citizen of said county being the same Individual Individual who heretofore filed his declaration for a petition in this court by way of amendment to his original declaration made for a petition under the act of Congress of the 9th June 1832 being first duly sworn deponeth and saith by reason of the old age and the consequent loss of memory he can not swear positively as to the precise truth of his service but according to the best of his recollection he served not less than the following periods as a private soldier during the Revolutionary War and during which periods of service he was in no civil employment and that he was called into the service by competent authority one tour of four months two tours of two months each one tour of fourteen months and one tour of three months and four such service he claims a pension known to in open court Smith  his  several 30th day of July 1833 marks William Gove clerk Joseph H. Hopper Alfred C. Robertson James Dennis

State of Tennessee Overton County
I William Gore clerk of the Court of Pleas and quarter Sessions of the County of Overton and State of Tennessee do hereby certify that the forego- ing contains the original proceedings of said Court in the matter of the amendment of Smith Ferrill to his declaration heretofore filed in said Court for a pension. In Witness whereof I have hereunto set my hand and affixed the Seal of our said Court at office the 18th day of August 1833
William Gore clerk